In Jessica U. v. Health Care Service Corp., a Montana district court held that an ERISA plan administrator improperly denied benefits for mental health residential treatment based solely on so-called "Milliman Care...more
In Perez v. Lincoln Nat'l Life Ins. Co., 2021 U.S. App. LEXIS 1495 (9th Cir. Jan. 20, 2021), the Ninth Circuit held that a district court reviewing a denial of disability benefits under ERISA may consider a Social Security...more
In Davis v. Hartford Life & Accident Life Ins. Co., 2020 U.S. App. LEXIS 36360 (6th Cir. Nov. 19, 2020) the Sixth Circuit held that a district court properly applied the abuse of discretion standard when reviewing the denial...more
As we look ahead to 2021, we start our second edition of Hinshaw's LHD/ERISA Advisor by reporting on key cases that closed out 2020. Through The Advisor, our team of attorneys nationwide strive to report on legal developments...more
As we enter the final months of 2020, this is a time to reflect on a year of unprecedented challenges. Although Covid-19 changed our lives in many ways, it did not halt new legal developments in the life, health and...more
In Fortier v. Hartford Life & Accident Ins. Co., 916 F.3d 74 (1st Cir. 2019) the U.S. Court of Appeals for the First Circuit clarified ERISA's timing requirements with respect to appealing an adverse benefits determination...more
2/12/2020
/ Administrative Appeals ,
Adverse Employment Action ,
Appeals ,
Denial of Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Equitable Relief ,
Exhaustion Doctrine ,
Long Term Disability Insurance ,
Motion to Dismiss ,
Notice Prejudice Rule ,
Plan Administrators ,
Reaffirmation ,
Right To Appeal ,
Statute of Limitations ,
Substantial Compliance
In Gorbacheva v. Abbott Laboratories Extended Disability Plan, et al., 29 U.S. App. LEXIS 36542 (N.D. Cal. Dec. 10, 2019), the Ninth Circuit reversed a district court's award of attorneys' fees to an ERISA claimant as...more
2/5/2020
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Calculation of Damages ,
Denial of Benefits ,
Disability Benefits ,
Disability Insurance ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Motion for Summary Judgment ,
Plan Administrators ,
Prevailing Party ,
Rejection of Settlement Offers ,
Remand ,
Reversal ,
Settlement Offer